New Jersey’s technique for detecting drug impairment in drivers is mistrusted by many lawyers,  and some are predicting that the technique will soon generate new types of civil rights suits against police.

Lawyers say the Drug Recognition Expert protocol used on drivers suspected of being drug-impaired lacks objectivity and gives too much discretion to police officers. Conditions could soon be ripe for an increase in civil rights suits related to the DRE protocol, but such litigation carries its own set of challenges, which could scare away even the bravest litigators.

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